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Case Law/Child Support Arrears


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#1 BostonSam

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Posted 27 December 2011 - 06:50 AM

Hello All,


I'm looking for Case Law dealing with the following question:


A child support order is made; NCP fails to understand order; makes house payments, utility payments etc. on house where children live with CP; pays balance in cash; CP does not complain about this arrangement at the time. 3 years later, CP files a complaint for child support arrears.


Are there opinions out there on this matter? Thanks,


Sam.



#2 Guest_FindLaw_Amir_*

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Posted 28 December 2011 - 06:51 AM

BostonSam said...

Are there opinions out there on this matter?

Could you please clarify and elaborate more on this subject matter?




#3 BostonSam

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Posted 28 December 2011 - 07:50 AM

Sorry. I have been called upon to write a legal brief, and am looking for case law in which similar issues are addressed. Basically: if someone makes payments in lieu of child support without the prior approval of the court (in this case, child support was paid in the form of house payments and utility payments) and no complaints are made by the receiving party at the time, is there case law setting out the appropriate remedies to be applied retroactively?


#4 pg1067

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Posted 29 December 2011 - 03:49 AM

Case law is state-specific, and you didn't identify the relevant state.


Case reseach is or can be time-consuming, difficult, and expensive.  You're not going to find someone on a message board who will do case research for free.



#5 BostonSam

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Posted 29 December 2011 - 02:15 PM

That makes sense. Maybe I can ask a meta-question instead: As a non-legal professional, who could probably access law libraries if necessary, can I find guidance somewhere as to *how* to conduct the kind of case law research that I need?


#6 pg1067

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Posted 30 December 2011 - 02:26 AM

A law library is, indeed, the best place to do this.


The best approach depends on your level of familiarity with the issues raised by your post and which side of the case you're on.  The main issue raised by your post is something called estoppel -- i.e., because the CP acquiesced in the NCP paying the CP's bills in lieu of directly paying child support, is the CP estopped from seeking to recover alleged arrears?  Since I can't assume you have free access to Lexis or Westlaw, I would suggest starting with one or more treatises or practice guides on family law.



#7 BostonSam

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Posted 30 December 2011 - 03:21 AM

Thanks for the help in framing the question. This is useful to me.





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